PAIA MANUAL

Masimong Foundation Promotion of Access to Information Act (PAIA) Manual

FOREWORD

“Masimong Foundation” refers to Masimong Foundation NPC and any of their related businesses, registered in the Republic of South Africa.

We are committed to compliance with the directives of the South African Constitution and national legislation.

The scope of the information manual is limited to the records held by Masimong Foundation registered in South Africa.

1.  Introduction

This manual was compiled in accordance with the Promotion of Access to Information Act (PAI) No. 2 of 2000 and to address the requirements of the Protection of Personal Information Act (POPIA) No. 4 of 2013.

PAIA and POPIA give effect to Section 32 of the South African Constitution, which focuses on the right to access information, ie, everyone has the right of access to information held by the state or a private body to enforce a culture of transparency and accountability.

Section 51 of the PAIA requires Masimong Foundation, as a private body, to compile an information manual providing information of both the types and categories of information records held by a private body, as well as providing procedures to be followed in requesting information.

This document services as Masimong Foundation’s information manual and provides reference to the records held by Masimong Foundation, as well as information on the process to follow to request access to such information.

2.  Availability of Manual

A copy of this manual is available of Masimong Foundation’s website : www.masimongfoundation.org.

Request from the designated contact person referred to in this information manual. This information manual will be updated as required or when the relevant legislation changes.

3.  Contact Details

The responsibility for the administration of and compliance with POPIA and PAIA has been delegated to the Privacy Officer. Requests pursuant to the provisions of these Acts should be directed as follows:

Privacy Officer

Contact Person:       Logamal Ramiah

Postal Address:        PO Box 639, Northlands, 2116

Physical Address:     57 Smits Road, Dunkeld, Johannesburg, South Africa, 2196

Phone Number:       010 822 1590

Email:                      info@masimongfoundation.org

4.  HRC Guide

A Guide has been compiled in terms of Section 10 of the Act by the Human Rights Commission. It contains information to assist a person wishing to exercise a right, in terms of the Act. The Guide is available for inspection, inter alia, as follows:

The South African Human Rights Commission Access to Information Unit

Braampark Forum 3

33 Hoofd Street, Braamfontein

Website:                  www.sahrc.org.za

Kindly direct all queries to:

Postal Address:        Private Bag 2700, Houghton, 2041

Phone Number:       011 887 3600

Fax Number:           011 403 0625

Email:                      PAIA@sahrc.org.za

5.  Legislative Records

Masimong Foundation keeps information and records in accordance with legislation, which includes, but is not limited to, the following legislation:

  • Basic Conditions of Employment Act 75 of 1997
  • Broad-Based Black Economic Empowerment Act 53 of 2003
  • Companies Act 71 of 2008
  • Compensation of Occupational Injuries and Diseases Act 130 of 1993
  • Electronic Communications Amendment Act 1 of 2014
  • Employment Equity Act 55 of 1998
  • Income Tax Act 58 of 1962
  • Labour Relations Act 66 of 1995
  • Occupational Health and Safety Act 85 of 1993
  • Protection of Personal Information Act 4 of 2013
  • Skills Development Levies Act 9 of 1999
  • Tax Administration Act 28 of 2011
  • Unemployment Insurance Act 63 of 2001
  • Value-Added Tax Act 89 of 1991

6.  Categories of Records Held by Masimong Foundation

NOTE: If a request for information, which Masimong Foundation deems as highly confidential information, is received, Masimong Foundation holds the right to assess whether the disclosure of such information is appropriate and does not create a legal risk to Masimong Foundation and/or its stakeholders.

6.1 Business Information

  1. Documents of Incorporation
    Memorandum of Incorporation, and Articles of Association
    Records relating to the appointment of directors/auditor/company secretary/public officer and other officers
    Share register and other statutory registers

6.2 Financial Records

  1. Annual financial statements and related financial records
  2. Tax returns
  3. Accounting records
  4. Banking records
  5. Related agreements
  6. Invoices
  7. General correspondence

6.3 Income Tax Records

  1. PAYE and related income tax records
  2. Records of payments made to SARS
  3. All other statutory compliances, for example:
  • VAT
  • Skills Development Levies
  • UIF

6.4 Human Resources

  1. Employment contracts
  2. Medical aid records
  3. Pension fund records
  4. Disciplinary records
  5. Salary records
  6. Leave records
  7. Occupational Health and Safety records

7.  Access Request Procedure

It is important to note that the successful completion and submission of an access request form does not automatically allow the requester access to the requested record. An application to gain access to a record is subject to certain limitations if the requested record falls within a certain category as specified in Part 3 and Chapter 4 of the PAIA. Further to this, the request for access to personal information must be in line with the provisions of Section 23 of POPIA and further in line with the applicable exemptions as per Sections 36 – 39 of POPIA.

A person who requests access to records must complete the necessary access request form, as set out in Appendix A, and the completed form must be marked for the attention of the Privacy Officer and sent to:

Privacy Officer

Contact Person: Logamal Ramiah
Postal Address: PO Box 639, Northlands, 2116
Physical Address: 57 Smits Road, Dunkeld, Johannesburg, South Africa, 2196
Phone Number: 010 822 1590
Email: info@masimongfoundation.org

7.1 Completion of Access Request Form

In order to allow for a timely respond to requests for access to information, all requesters should take note of the following when completing the access request form:

  • The access request form must be completed in full.
  • Proof of identity is required to authenticate the identity of the requester. Therefore, in addition to the access request form, requesters will be required to supply a certified copy of their identification document (not older than 3 months).
  • Provide explanation of which requested record is required for the exercise or protection of that right.
  • Provide proof of the capacity in which the requester is requesting the information. Proof of identification of the requester (and related third parties acting on behalf of the requester) must be provided on submitting the access request form.
  • Complete the form in BLOCK LETTERS and answer every question.
  • If a question does not apply state N/A in response to that question.
  • If there is nothing to disclose in reply to a particular question, state ‘nil’ in response to that question.
  • If there is insufficient space on a printed form, additional information may be provided on an attached page.
  • When the use of an attached page is required, precede answer with the applicable title.

7.2 Submission of Access Request Form

The complete access request form, together with a copy of the identity document, must be submitted either via post or email and must be addressed to the contact person as indicated above.

7.3 Request Fees

An initial request fee of R57.00 (including VAT) is payable on submission. This fee is not applicable to personal requesters referring to any person seeking to access records that contain their personal information.

Any other requester who is not a personal information requester must pay the required fee before further processing of the request in terms of Section 54 of the PAIA. Refer to Appendix B for the detailed prescribed fees.

7.4 Payment of Fees

Payment details can be obtained from the contact person as indicated above and can be made via a direct deposit. Proof of payment must be supplied. The access fee must be paid prior to access being given to the requested record.

If the request for access is successful, an access fee may be required for the search, reproduction and/or preparation of the record(s) and will be calculated based on the prescribed fees as detailed in Appendix B.

If a deposit has been paid in respect of a request for access which is refused, then the company must refund the deposit to the requester.

7.5 Notification

Masimong Foundation will, within 30 business days of receipt of the request, decide whether to grant or decline the request and give notice with reasons to that effect.

The 30 day period within which the company has to decide whether to grant or refuse the quest, may be extended for a further period of not more than 30 days, if the request is for a large volume of information and the information cannot be reasonably obtained within the original 30 day period. The company will notify the requester in writing should an extension be sought.

7.6 Grounds for Refusal

The main grounds for refusal of a request for information include but not limited to:

  • Mandatory protection of the privacy of a third party who is natural or juristic person, which would involve the unreasonable disclosure of personal information of that natural or juristic person.
  • Mandatory protection of the commercial information of a third party, if the record contains:
    o Trade secrets of that party.
    o Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that party.
    o Information disclosed in confidence by a third party to the company if the disclosure could put that third party to a disadvantage in negotiations or commercial competition.
    o Mandatory protection of confidential information of third parties if it is protected in terms of any agreement.
    o Mandatory protection of the safety of individuals and the protection of property.
    o Mandatory protection of records which could be regarded as privileged in legal proceedings.
    o The commercial activities of the company which may include:
    – Trade secrete of the company.
    – Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of the company.
  • Mandatory protection of information, if leaked or shared can result in a breach of non-disclosure agreements, confidentiality and/or other applicable legal instruments between Masimong Foundation and a natural or juristic person.